TREE NEWS update: SEC staff said in a crypto FAQ that promoting a network’s current uses generally would not create an expectation of profit for token buyers. The guidance also addresses token buybacks and network upgrades, signaling how the agency views such activities under securities law.
SEC Staff: Promoting a Token’s Current Use Doesn’t Signal Profit
This matters because it draws a line between marketing a token's present utility and promising future returns — a distinction that has driven much of the SEC's enforcement logic. Projects that publicize live use cases, buybacks or upgrades now have a clearer, though non-binding, signal on where staff sees the securities line. The open question is whether courts and future leadership treat this FAQ as durable guidance or as a staff view that shifts with the commission's composition.
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